Section 2 - Allows for a supervising driver to be charged under l192-B as if he or she were operating the motor vehicle. This will result in a class A misdemeanor charge. It also creates the crime of aggravated supervising driver that applies to any supervising driver who would be in violation of section 1192 if he or she were operating the vehicle. This will result in a class E felony charge.

JUSTIFICATION: In early September of 2009 Abbagail Buzard, an eight year old from Orleans County was tragically killed. Her father, who had been drinking at a family gathering, convinced his seventeen year old cousin to drive him to the store to purchase more alcohol. The seventeen year old was operating the vehicle with a learner's permit. They proceeded to load the vehicle with two young children who were placed in car seats in the rear of the car, along with a fourteen year old cousin and an eight year old daughter sitting on the lap of the fourteen year old. The Driver was operating the vehicle at unreasonable speeds on a curvy road. She lost control of the vehicle and eight-year old Abbigail was thrown from the vehicle as it rolled over three times down an embankment. The vehicle came to rest right side up and in a swamp, with Abbigail trapped underneath. She died before emergency personnel could respond to the scene. While that driver of the car that night violated numerous laws, the supervising adult, Abbigail's father who was under the influence of alcohol could not be held responsible for his actions.

This bill would change that dynamic by allowing a supervising driver who is under the influence of alcohol and/or drugs to be charged with a class A misdemeanor or a class E felony in an aggravated case.

Text

STATE OF NEW YORK
________________________________________________________________________
164--C
Cal. No. 128
2011-2012 Regular Sessions
IN SENATE
(PREFILED)
January 5, 2011
___________

Introduced by Sens. MAZIARZ, ALESI, JOHNSON, LANZA, LARKIN, RANZENHOFER
-- read twice and ordered printed, and when printed to be committed to
the Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the vehicle and traffic law, in relation to acting as a
supervising driver while under the influence of alcohol and/or drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Abbagail's
Law".
S 2. The vehicle and traffic law is amended by adding a new section
1192-b to read as follows:
S 1192-B. SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
AND/OR DRUGS. 1. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT TO
SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B OF THIS CHAPTER IF SUCH
PERSON WOULD BE IN VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR OR
FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE
WERE OPERATING THE VEHICLE.
SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
SHALL BE A CLASS A MISDEMEANOR.
2. AGGRAVATED SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCO-
HOL AND/OR DRUGS. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT
TO SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B OF THIS CHAPTER IF
SUCH PERSON WOULD BE IN VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01224-06-1

S. 164--C 2

HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE WERE OPERATING THE VEHI-
CLE.
AGGRAVATED SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
AND/OR DRUGS SHALL BE A CLASS E FELONY.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.

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